Bill Text: NY S04670 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 4670 (Prior Session Legislation)

Introduced

Bill Title: Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S04670 Detail]

Download: New_York-2009-S04670-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4670
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs
       AN ACT to amend the executive law, in relation to providing an exemption
         from civil liability for any person who renders emergency medical care
         during a state declaration of disaster emergency
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  28 of the executive law is amended by adding two
    2  new subdivisions 5 and 6 to read as follows:
    3    5. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
    4  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
    5  RATION,  IN THE PERFORMANCE OF A CONTRACT RELATED TO SUCH EMERGENCY WITH
    6  AND UNDER THE DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER
    7  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE  FOR  CAUSING
    8  THE  DEATH  OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN
    9  THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.   NOTHING  IN  THIS
   10  SUBDIVISION  SHALL  BE  DEEMED  TO RELIEVE OR ALTER THE LIABILITY OF ANY
   11  SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS  OF
   12  SUCH  PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS-
   13  ING OUT OF THE OPERATION OF MOTOR VEHICLES.
   14    6. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
   15  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
   16  RATION,  WHO  RENDERS ASSISTANCE OR ADVICE IN CONNECTION WITH SUCH EMER-
   17  GENCY AT THE REQUEST OF THE STATE OR ITS  POLITICAL  SUBDIVISIONS  UNDER
   18  THE  PROVISIONS  OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING
   19  THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY  EXCEPT  IN
   20  THE  EVENT  OF  GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  NOTHING IN THIS
   21  SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER  THE  LIABILITY  OF  ANY
   22  SUCH  PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF
   23  SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH  ARIS-
   24  ING OUT OF THE OPERATION OF MOTOR VEHICLES.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11083-01-9